Premium

Counting of votes for local body polls across Maharashtra to be held on December 21: Bombay HC to State Election Commission

The Bombay High Court said the SEC's decision for phase-wise counting was "not just and proper and needs to be interfered with for a fair and transparent election."

The Nagpur Bench of Bombay high court ordered same-day declaration of local body poll results, extended the Model Code of Conduct till then. (File)The court noted that Shah was in a heavily inebriated state and in no condition to drive but had chosen to drive a high-end BMW car at a high speed. (File Photo)

The Bombay High Court Tuesday ordered that the counting of votes for the Municipal Council, Nagar Parishad, and Nagar Panchayat elections in Maharashtra be conducted on December 21, and held that the phase-wise counting will “materially influence the voting and outcome of the second phase.”

The Maharashtra State Election Commission (SEC) said it would declare the results in two phases, on December 3 for polls to be held on December 2 and on December 21 for the elections to be held in the second phase on December 20. 

A bench of Justices Anil S Kilor and Rajnish R Vyas of the Nagpur Bench passed an order on pleas seeking a declaration of results for the local body elections on the same day. The bench said the SEC’s decision was “not just and proper, and needs to be interfered with for a fair and transparent election.”

“We are of the opinion that if the results of the polls to be held on December 2 are declared on December 3, it may materially affect the results of the polls to be held on December 20 and in that case, it cannot be said that the elections to be held on December 20 are held in a fair and transparent manner,” the court said in the order.

“If the public mood is disclosed by declaring the result on December 3 of the polls to be held on December 2, it may materially affect the result of the polls to be held on December 20,” the HC held.

The bench also directed that no exit polls will be publicised during the period from the beginning of polling hours on December 2 until half an hour after the closing of the second phase polls on December 20. It also noted that the Model Code of Conduct will continue to apply till the declaration of results.

On Monday, the court asked the Maharashtra State Election Commission (SEC) to reconsider its decision to declare election results in phases.

Story continues below this ad

Various petitions

A petitioner from Warora filed a plea Monday at the Nagpur Bench challenging the State Election Commission’s recent decision to declare the outcome of elections in a phase-wise manner, claiming that the revised poll schedule is unfair and goes against the basic principles of equal and free elections.

Sachin Chute, the BJP candidate for Ward Number 7 of the Warora Municipal Council, objected to the Commission’s move to delay polling and counting in only one division while allowing results for the other wards to be declared on time. He said this will influence voters in the ward and asked the court to stop the December 3 result declaration and order that counting be held for all wards on the same day.

The bench was also hearing a plea filed by Shakil Hamid Mansoori of the Congress party, who sought a direction from the court to set aside the notification for the declaration of results for the Gondia Municipal Council on December 3.

Story continues below this ad

Mansoori had sought that the counting of votes and the declaration of results for all 42 wards of the Gondia civic body be conducted on a single date, December 21.

Mansoori, through Advocates Hrishikesh Chitley and Vedant Pandey, argued that impugned communications “violate the fundamental principle that elections must be free, fair and provide a level playing field to all candidates.”

The petitioner claimed that by allowing declaration of results in 39 wards on December 3, and postponing the elections and results in the remaining three wards to December 21, the respondent authorities have “created a situation where candidates in the latter wards, including the Petitioner, will contest in an environment heavily influenced by the earlier results.”

While responding to similar petitions before the Aurangabad Bench of the Bombay HC, the Maharashtra poll body said that results for wards of aggrieved petitioners will be declared on December 21.

Story continues below this ad

Advocate Sachindra Shetye, appearing for SEC, also informed a bench of Justices Vibha Kankanwadi and Hiten S Venegavkar that the Nagpur bench of the HC has ordered that all results should be declared together.

The Kolhapur Circuit Bench will also hear the pleas seeking the declaration of results on December 21 in due course.

Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions. Expertise & Authority Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage. Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in: Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include: Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes). Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty). Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict. Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability. Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges. Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More

Ankita Deshkar is a Deputy Copy Editor and a dedicated fact-checker at The Indian Express. Based in Maharashtra, she specializes in bridging the gap between technical complexity and public understanding. With a deep focus on Cyber Law, Information Technology, and Public Safety, she leads "The Safe Side" series, where she deconstructs emerging digital threats and financial scams. Ankita is also a certified trainer for the Google News Initiative (GNI) India Training Network, specializing in online verification and the fight against misinformation. She is also an AI trainer with ADiRA (AI for Digital Readiness and Advancement) Professional Background & Expertise Role: Fact-checker & Deputy Copy Editor, The Indian Express Experience: Started working in 2016 Ankita brings a unique multidisciplinary background to her journalism, combining engineering logic with mass communication expertise. Her work often intersects regional governance, wildlife conservation, and digital rights, making her a leading voice on issues affecting Central India, particularly the Vidarbha region. Key focus areas include: Fact-Checking & Verification: As a GNI-certified trainer, she conducts workshops on debunking deepfakes, verifying viral claims, and using OSINT (Open Source Intelligence) tools. Cyber Law & IT: With postgraduate specialization in Cyber Law, she decodes the legalities of data privacy, digital fraud, and the evolving landscape of intellectual property rights. Public Safety & Health: Through her "The Safe Side" column, she provides actionable intelligence on avoiding "juice jacking," "e-SIM scams," and digital extortion. Regional Reporting: She provides on-ground coverage of high-stakes issues in Maharashtra, from Maoist surrenders in Gadchiroli to critical healthcare updates and wildlife-human conflict in Nagpur. Education & Credentials Ankita is currently pursuing her PhD in Mass Communication and Journalism, focusing on the non-verbal communication through Indian classical dance forms. Her academic foundation includes: MA in Mass Communication (RTM Nagpur University) Bachelors in Electrical Engineering (RTM Nagpur University) Post Graduate Diploma (PGTD) in Cyber Law and Information Technology Specialization in Intellectual Property Rights Recent Notable Coverage Ankita’s reportage is recognized for its investigative depth and emphasis on accountability: Cyber Security: "Lost money to a scam? Act within the 'golden hour' or risk losing it all" — A deep dive into the critical window for freezing fraudulent transactions. Public Health: "From deep coma to recovery: First fully recovered Coldrif patient discharged" — Investigating the aftermath of pharmaceutical toxins and the healthcare response. Governance & Conflict: "Gadchiroli now looks like any normal city: SP Neelotpal" — An analysis of the socio-political shift in Maoist-affected regions. Signature Beat Ankita is best known for her ability to translate "technical jargon into human stories." Whether she is explaining how AI tools like MahaCrimeOS assist the police or exposing the dire conditions of wildlife transit centres, her writing serves as a bridge between specialized knowledge and everyday safety. Contact & Follow X (Twitter): @ankita_deshkar Email: ankita.deshkar@indianexpress.com   ... Read More

 

Latest Comment
Post Comment
Read Comments
Advertisement
Loading Taboola...
Advertisement
Advertisement
Advertisement